Contracts
-Meg agreed to get Mary a cell phone. Mary agreed to pay the bill each month for the length of the 2-year contract. Mary paid the bill on time for the first 3 months. She then missed the next 3 payments. Meg repeatedly requested the payments. Mary ignored Meg and refused to speak to her. After Mary missed 2 more payments, Meg sued Mary for the 5 missed payments, plus for the payments due for the remainder of the 2-year contract. Will Meg be able to recover the entire remaining amount due under the 2-year contract?
A) No. Meg will only be able to recover for the 5 missed payments because Mary still has time to make the remaining payments under the 2-year contract.
B) Yes. Under the theory of anticipatory breach, there is strong evidence that Mary will not perform, entitling Mary to immediately sue for the remaining about due under the 2-year contract.
C) No. Because Meg received some payments from Mary, there is evidence that Mary will perform the rest of the contract.
D) No. Meg should have made more of an effort to collect payments from Mary.
E) Yes, but only if Meg has evidence of Mary stating that she has no intention of making additional payments.
Correct Answer:
Verified
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